Recording available for Nov 22 Conference Call

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monica1

monica1

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Recording available for the Nov 22 Conference Call.

http://www.immigration.com/community-conference-calls-recordings
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Conference Dial-in: 1-712-432-3066
Conference Code: 531023
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: Dec 6, 2012

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NOTE: This call does not mean that we have agreed to represent you or that there is an attorney-client relationship between us. This is merely a community service. You should discuss the specifics of your case with the attorney representing you.
 
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EAD related Question

Hello Rajiv Sir,

First of All , I would like to thank you for conducting this community call,It is definitely Useful for people like us.

I am IT Person,I am currently on H1B Visa With Company ABC, I completed my 6 years on H1B in 05/2011, My current employer applied for H1B extension based on I-140 approval, I got 3 years extension on H1B and Visa is valid until 05/14/2014.I got my EAD in 03/2012, But I am not using my EAD,I am still on H1B.

Now I am planning to change employer, New employer is not willing to transfer H1B, They are asking me to use EAD and they said they will do AC21. Both are IT jobs, Job duties are similar, But Title is not exactly same. (i.e My title in Old emplyer is "Sr System Analyst" and New employer tiltle is "Associate6" or "IT Specialit"),

1) Is it safe to use EAD ?
2) Does title has to be exactly same ?
3) What is the probability of issues during the 485 approvals
4) Which is the safest approach, H1B transfer + AC 21 or EAD+ AC21
5) If new employer does the H1B transfer with AC21, If I dont get the GC before my H1B expires, Can my new employer apply for H1B extension based on my old employers I-140 ?


I would prefer to maintain H1B status because it can be used as backup incase of any issues during portability or I-485 approvals. Please advise what is the best way do handle this.

My Priority date is: 01/2009
Current Green Card Category: EB2
H1B Valid until: 05/2014
EAD Received Date: 03/2012
 
Can GC holders stay in india for 11 months with out applying for repermit

Hi Rajeev,

My inlaws have GC. For the past two years they have been coming to US for every six months. we have the following questions regarding their stay in india. Please reply.

1>Can they stay in india for around 11 months (<12 months) with out applying for repermit in US.
2>Will the period that they have already spent in US will be counted for citizenship if they stay in india for 11 months with out applying for repermit.

Thanks.
 
Adopting Niece

We applied for usa citizenship recently and we are hoping that we may get it in 6 months.

We have been married for 10 years and No kids yet.
My brother and his wife are willing to give us their baby (she is 6 months old and living with her parents in India).We are planning to adopt her.


(1) Will there be any immigration issues if I adopt niece (relative), since she is not an orphan.

(2) Shall I go ahead and adopt her in India now and then apply 1800A/I800 once my citizenship is approved.

(3) Since I am not planning to adopt through agency, Is Home study required?

Thank you.
 
Substitution of Beneficiaries in I-797B

I am in India and I recently got my H1B stamped. Now when I look at my I-797B Notice of Action, it mentions following lines:
If any of the worker(s) included in this petition do not actually enter the United States, and substitutions of different workers are not made, the petitioner must notify this office [USCIS] so the allocated non-immigrant visa numbers can be re-used.

Post stamping, I have not traveled on this H1B. Would the petitioner be still substitute me for this I797 approval?.
1. Could you explain what does the above lines mean for common man?
2. If I leave my employer/petitioner, would the petitioner be able to transfer the visa to other alien?
3. If (2) above is true, would my visa be cancelled? If yes, is it immediate?
4. If the petitioner cancels my visa, can I still get the visa ported to other employer?

I see that there are descriptions from USCIS at 8 CFR § 214.2(h)(2)(iv) and 8 CFR § 214.2(h)(6)(viii) but none of them explains clearly and they seem more applicable for H-2B.
 
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Holding Multiple Visas (F-2 and H1-B) at a time

I have F2 stamped valid until 2016. I recently got H1B stamped which is valid until 2015. The consulate did not cancel my F2 visa (i.e. F2 visa does not show any cross on it). Post stamping, my employer(the petitioner) has no plans of my traveling to USA in next 30 days. But I need to travel to USA for personal reasons. Can I use my F2 to travel?

Would there be a problem at port of entry entering USA on F-2 and H1-B but I am not using H1-B?
Can't I tell the officer at POE that I wish to enter on F2 this time and do not wish to work during this travel? I will go outside the country and comeback on the work visa in case a need arises at a later point in time?
What paperwork will be needed to travel in F2 in such a case?
Do I need a letter for current company that I will be on leave?
What other problems can I face during the port of entry for my situation?
Will traveling on F2 to USA would cancel my H1b visa?

If the VO allows me to enter USA on F2, will my H1-B be cancelled immediately? If after 1-2 month, I decide to work. Do I need to exit the country and enter again or change of status within the country is OK?
If the VO does not allow me to enter USA on F2, will I be deported back and my next entry attempt to US on H1B will be problem?
 
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My case is : I am presently here in USA with H1b visa that is valid till December 2013.I have got I20 from renowned two universities
for spring 2013 session and still waiting for the decision from the last university.Given that the spring session will start from
January 2013 and I could not apply for H1B to F1 COS now I guess I will face a situation when I have to start the class when the COS will be pending.Could you please tell me what I could do to continue the class in case there is a denial of COS.
 
No Updates

Hello Mr. Rajiv,

I wrote my concern almost two months ago about my delayed interview for my N400 I contacted my senator office (thank you for your advice) and they replied that the USCIS holding my application on background check, and within 60 days I should get something from the USCIS (that is what the letter from my senator office indicated), I am now one week away from the 60 days period is over and nothing came from the USCIS Yet. I am running out patient, and options (I am really worried) So please anything else I can do to make this application go forward. It is almost a year since I apply for my N400. Thank you and I appreciate all your advices.
 
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Chance for H1B Extension-Clock Reset

I am currently in India.
I was on L1B visa in the US for about 5 years starting 27th March 2007.
Then on January 15th 2012, I moved back to India. Now the same year in October 2012 I got my new H1B visa petition approved (while I am still in India) under H1 cap. But the H1 got approved with time limit till November 2013 (only 1 year).

My question is if I do not go back to US until January 16th 2013 on this new H1, then I would have stayed out of US for 1 full year (post L1 expiry). When I will be applying for an H1 extension sometime in 2013 do I have the chance to get full 5 years on my H1 (due to Clock Reset)?
 
Hello Rajivji,
Iam on H1b,Eb3 -I-140 approved with priority date Nov 2004 and I-485 filed in 2007 and Pending.
Eb2-I-140 Approved(same employer) has the old priority date and Interfiling
request(Eb3-Eb2) filed in May 2012 when the priority date was current(as of now
180 days completed).I have NOT received any confirmation that the Interfiling
has been completed.
Now the Employer address has changed from IL to NJ.
In this scenario if the USCIS asks for an Employer Verification Letter for I-485 adjudication
either through a I-485 RFE /Interview.
1) Would it be an issue if the Employer EVL has the New Address,
since PERM and I-140 were filed with the old address?
2) Can AC21 be used to continue with the same employer because of the Employer address Change?
3) Can the Parent Company(with Different Federal Id) of present employer issue the EVL( by using AC21)?
4) Can Ac21 be used based on the above facts without having to file a New PERM/I-140 again?
5) If AC21 can be used should it be the same/similar job description based on Eb3 labour or Eb2 Labour?

Thank you.
 
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I-94 expiration

Hello Rajiv sir,

I am on H4. I received the I797A notice along with I-94 attached which is valid from May 28 2012 until May 20 2015.

I recently traveled to India and when I returned, I was handed an I-94 which is valid until Aug 2013 as my passport would expirie in Aug 2013.

Now I have a new passport-valid until Nov 2022.

Do I need to get a new I94 after Aug 2013?
 
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PERM denied - 6yrs on H1B

Hello Rajiv

Please advise on my situation

H1B - Expired Sept 30 2012 and filed for extension to stay till Dec 15th 2012 including all time recaptured
PERM applied EB2 - Priority date Feb 7 2012 (Masters with 3 yrs exp before I joined this employer)
PERM status - Audited, denied and made appeal
Denial reason - No secondary work location mentioned on ETA9089 but LCA and other employment posting mentioned as "can work in multiple locations".
Wife is on H1B

I was told that I have to be on H4 status from Dec 15 2012 till Feb 7 2013 and I can get one year H1B extension based on the pending appeal

1. Any risk of applying new PERM with same employer on EB2 as it will be again Masters with 3yrs experience
2. If I get back on H1B status in Feb 2013 and if I file new PERM in March/April 2013, what happens if I run into any delays with new PERM/I140 and if it exceeds 365 days as the next H1B expires in Feb 2014?
3. Advantage of filing next H1B extension and new PERM through another consulting company/client as I now have 10 yrs work experience?
4. When should we take the appeal back if I file new PERM with same employer?
5. Can I file this next H1B extension for Feb 2013 through different employer?

Thank you
Venkat
 
H1 extension approval chances

Hello Rajiv Sir

my H1 visa max out will be on feb 18 2013.
My PERM got filled on oct 29th 2012 and still pending.(in EB2)
AS per my lawer,He is expecting my i 140 to be approved in premium processing before my H1 expiry date which is 18th feb 2013.

1.Do you see any chances of PERM ,i 140 approval and extension can be filed?
2.Also my lawer told me there is a 10 day grace period .Is that true?
 
NeedImmi said:
Hello Rajiv Sir,

First of All , I would like to thank you for conducting this community call,It is definitely Useful for people like us.

I am IT Person,I am currently on H1B Visa With Company ABC, I completed my 6 years on H1B in 05/2011, My current employer applied for H1B extension based on I-140 approval, I got 3 years extension on H1B and Visa is valid until 05/14/2014.I got my EAD in 03/2012, But I am not using my EAD,I am still on H1B.

Now I am planning to change employer, New employer is not willing to transfer H1B, They are asking me to use EAD and they said they will do AC21. Both are IT jobs, Job duties are similar, But Title is not exactly same. (i.e My title in Old emplyer is "Sr System Analyst" and New employer tiltle is "Associate6" or "IT Specialit"),

1) Is it safe to use EAD ?
2) Does title has to be exactly same ?
3) What is the probability of issues during the 485 approvals
4) Which is the safest approach, H1B transfer + AC 21 or EAD+ AC21
5) If new employer does the H1B transfer with AC21, If I dont get the GC before my H1B expires, Can my new employer apply for H1B extension based on my old employers I-140 ?


I would prefer to maintain H1B status because it can be used as backup incase of any issues during portability or I-485 approvals. Please advise what is the best way do handle this.

My Priority date is: 01/2009
Current Green Card Category: EB2
H1B Valid until: 05/2014
EAD Received Date: 03/2012
Click to expand...

I have a lot of material on my blog about AC21. Please read/watch the material. You should be able to obtain all the details.
Watch http://forums.immigration.com/entry...ility-after-180-days-of-I-485-Pendency-Part-1 and the Part 2 as well.

Also, I did an "Advanced Search" for blog entries on the forums. Here is the output: http://forums.immigration.com/search.php?searchid=2611920
 
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NeedImmi said:
Hi Rajeev,

My inlaws have GC. For the past two years they have been coming to US for every six months. we have the following questions regarding their stay in india. Please reply.

1>Can they stay in india for around 11 months (<12 months) with out applying for repermit in US.
2>Will the period that they have already spent in US will be counted for citizenship if they stay in india for 11 months with out applying for repermit.

Thanks.
Click to expand...

Watch this video: http://forums.immigration.com/entry.php?329-Maintaining-Your-Green-Card
 
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